Opinion
No. 2004-0289.
Submitted November 30, 2004.
Decided December 8, 2004.
APPEAL from the Court of Appeals for Cuyahoga County, No. 82337, 2003-Ohio-6888.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Jon W. Oebker, Assistant Prosecuting Attorney, for appellant.
Robert L. Tobik, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellee.
{¶ 1} The judgment of the court of appeals is reversed on the authority of State v. Thompson, 102 Ohio St.3d 287, 2004-Ohio-2946, 809 N.E.2d 1134, the conviction is reinstated, and the cause is remanded to the trial court for execution of sentence.
MOYER, C.J., RESNICK, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.
F.E. SWEENEY and PFEIFER, JJ., dissent.